SHIV KUMAR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 04.02.2026 Pronounced on : 27.02.2026 Uploaded on : 27.02.2026 + FAO 31/2026 SHIV KUMAR .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Farman Ali, CGSC for UOI with Mr. Rahul Bhajkar, GP and Ms. Usha Jamwal, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL 7614/2026 (Exemptions) 1. Allowed subject to all just exceptions. 2. The application is disposed of accordingly. CM APPL 7613/2026 (Seeking condonation of delay of 65 days in filing the present appeal) 1. By way of the present application, the applicant/appellant seeks condonation of a delay of 65 days in filing the present appeal. 2. Learned counsel for the appellant submits that after the passing of the judgment/order dated 04.09.2025 (hereinafter referred to as the “impugned Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:27.02.2026 18:44:00 FAO 31/2026 Page 1 of 5 judgment”), the appellants were unable to file the appeal within the prescribed period. It is submitted that the delay is bona fide and neither intentional nor deliberate. It is further submitted that the appellants belong to an economically weaker section and, due to paucity of funds, were unable to obtain timely legal advice. 3. Learned counsel for the respondent, on the other hand, opposes the present application. 4. It is noteworthy that in Mohsina v. Union of India1 , a Co-ordinate Bench of this Court condoned a delay of 804 days in filing the appeal, taking into account the weak economic condition of the appellants/claimants. 5. Considering the facts and circumstances of the present case, and guided by the principle laid down in the aforesaid decision as